Help needed please Fermi/ Ras

AMBERSHADOW wrote: »

This thread is also relevent http://forums.moneysavingexpert.com/showthread.html?t=1889627&highlight=

I sent off the 10.00 and the right to have all info they have on my hubbie regarding this debt which we know nothing about and will apply to have put aside .. But before doing so I need to clarify some things


The debt was in 2003 no payments have ever been made from what they have sent to me

But there is no statements or cca's and the date of birth is completely wrong..

They have also said that if I require cca or statements we have to apply the the original company the debt is owed too


So please can you advise what next please?:D

If you have done a SAR and like you say, no payments since 2003 then the debt is statute barred - have you checked your credit file? If so, what is the last payment date? Assuming it is 6 years ago then send the statute barred letter - here: #16

If as you say the DoB is incorrect then you should write to the CRA's with proof of this requesting removal. If they decline then you can, if you wish, sue them for libel. I recently won a few grand from Equifax for exactly the same thing. I don't think they will want the same happening again.....

Basically the CRA's must ensure the data they display is accurate - the the paperwork sent shows a different DoB you send a copy of this to them requesting they remove the entry as it is not yours. They should comply and remove it.

Regards to the original thread with the charging order - that may change things (sorry missed that!)

Good Luck.

DVardysShadow wrote: »

That does not sound right. Have they put this in writing? As far as I can see, if they had you in court to your face rather than behind your back, they would have had to produce this information if you requested it.

Part of the CCA request clearly puts the onus of this on the dealer of the debt - see here:

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

The above clearly illustrates what the creditor should do. So for them to suggest the OP gets in touch with the OC is wrong, but for the same respect they can ask this so not really too much wrong in it, other than breach in basic procedure.....

If the OP wants a CCA then send this - #3 - to the actual creditor (i.e. whoever gave the account originally)

AMBERSHADOW wrote: »

We are now being told we have to contact the person who's debt they purhcased

This is, quite simply not the case, AMBER.

The legal responsibility to produce a true and compliant copy of the original executed consumer credit agreement lies with the person who is chasing you for payment.

It makes no difference that a CCJ has been obtained as you were unaware of it and are applying to have it 'set aside'.

Your 'cca request' and the fact that they are 'in default' will form the major part of any 'defence' that you will enter.

With reference to their non-compliance to your SAR, then you need to get on to the Information Commissioner's Office:

http://www.ico.gov.uk/Global/contact_us.aspx or Tel. 08456 30 30 60